Legal separation is the formal legal process to separate from your spouse without dissolving your marriage entirely. That being said, legal separation in Missouri is a very similar action to obtaining a divorce. Missouri has laws and rules for how the Court will handle your legal separation and ultimately grant the separation. These laws include guidelines for how to convert your legal separation to a divorce if the marriage does not survive.
How similar is the process to a divorce? It’s almost the exact same process with the one difference that a separation is granted at the end of the case instead of a dissolution. Other than that, you work through all of the same issues.
Legal separation is a tricky process because the motivations of the litigants can vary. It is important to understand how the process if handled in our state vs other states if you plan to pursue a formal break from your spouse.
How to File for Legal Separation in Missouri?
Law firms are contacted by many potential clients with family law matters. If a client reaches out and asks to file for divorce, it is common to also inquire if they are sure about the divorce or if they have considered a legal separation.
A legal separation starts when your Missouri legal separation attorney files a Petition for Legal Separation, as well as other corresponding court documents, with the local Circuit Court. Once the case is accepted by the Court and the case is assigned a Judge and cause number, then your case is officially open with the Court system. The “pleadings” or paperwork to be filed includes:
- Petition for Legal Separation – The Petition is the primary document to make your legal requests to the Court. It details the requests for your case including child custody and child support, maintenance, and property division and debt division.
- Financial Statements – These statements are a Statement of Income and Expenses and a Statement of Property. The statements outline your property and debt, both separate and marital, as well as your monthly income and expenses.
- Filing Sheets – When a new case is filed, each circuit court has a variety of filing sheets they require. This can include a confidential case filing sheet and other filing information sheets that are court specific.
Laws for Legal Separation in Missouri
Legal separation in MO is guided by the same laws as if you were proceeding with a divorce. This means that Chapter 452 of the revised statutes will outline the same rules for both types of cases. For example, RSMo. 452.375 outlines child custody factors to be used in divorce or legal separation. The Court views it exactly the same.
In addition, some of the statutes under chapter 452 provide extra details as it relates to legal separations as opposed to dissolutions. For example, RSMo. 452.360 discusses the terms of converting a legal separation to a dissolution of marriage. This law outlines that 90 days must pass before either party is allowed to ask the Court for a conversion to a divorce.
Converting a Legal Separation to a Divorce
Since the law in Missouri allows for a conversion from a legal separation to a divorce, we will briefly discuss how this works. For a divorce to be granted, the Court must find that a marriage is irretrievably broken. For the most part, Missouri courts are of the belief that if one party wants the divorce, that the marriage must be irretrievably broken. This means both parties must agree to a legal separation to avoid a divorce order.
Sometimes both parties truly want a legal separation and at other times, one party just agrees to go along to get the case over with or because other terms of the agreement are favorable to them. However, after 90 days passes, either of the parties can just file a Motion to Convert and the Court will make a finding that the marriage is irretrievably broken and grant a divorce.
Key Differences Between Legal Separation and Divorce in Missouri
Understanding the distinctions between legal separation and divorce is crucial for making an informed decision about your marital status. Here’s a comprehensive breakdown of the key differences:
Marital Status and Future Relationships
In a legal separation, you remain legally married despite living separately. This means you cannot remarry or enter into a domestic partnership with another person. With divorce, your marriage is permanently dissolved, allowing both parties to remarry freely.
Insurance and Benefits
Legal separation often allows the dependent spouse to maintain coverage under the other’s employer-sponsored health insurance plan, though policies vary by provider. After divorce, an ex-spouse typically loses eligibility for the other’s health insurance, requiring them to seek independent coverage or COBRA benefits.
Tax Implications
Separated couples can still file joint tax returns and potentially benefit from certain tax advantages available to married couples. They may also continue to claim marriage-based Social Security benefits. Divorced individuals must file as single or head of household and lose access to marriage-based tax benefits.
Property Rights and Estate Planning
During separation, spouses retain inheritance rights and can still be named as beneficiaries on life insurance policies and retirement accounts. Property acquired after separation may still be considered marital property. In divorce, all inheritance rights are terminated unless specifically addressed in the divorce decree or estate planning documents.
Child Custody and Support
Both legal processes require formal arrangements for child custody, visitation, and support. However, separation agreements can be more flexible since the parents remain married and may reconcile. Divorce orders tend to be more rigid and require formal modification through the court.
The court’s involvement in property division, debt allocation, and spousal support remains equally comprehensive in both processes, requiring full financial disclosure and formal agreements that protect both parties’ interests.
What Factors Are Relevant in a Separation Case
Missouri courts apply identical standards when evaluating legal separation cases and divorce proceedings. The legal separation process requires a comprehensive examination of all marital circumstances. Financial stability plays a crucial role in determining spousal support obligations.
Property division follows the same equitable distribution principles used in divorce cases. Courts examine the duration of the marriage, each spouse’s financial contributions, and future earning capacity. Separate property acquired before marriage typically remains with the original owner.
Child custody determinations focus on the best interests of the child standard outlined in Missouri Revised Statutes 452.375. Courts evaluate:
- Each parent’s ability to provide stability and care
- The child’s adjustment to their current living situation
- Historical caregiving responsibilities and emotional bonds
- Each parent’s willingness to facilitate the other’s relationship with the child
Child support calculations utilize Missouri’s standardized guidelines regardless of separation or divorce status. The court considers both parents’ income, custody arrangements, and the child’s specific needs, including healthcare and educational expenses.
Debt allocation requires careful analysis of when obligations were incurred and their purpose. Marital debts typically receive equitable distribution between both spouses. Credit card balances, mortgages, and loans acquired during marriage usually become shared responsibilities.
How Will a Legal Separation Order Impact a Divorce
Converting a legal separation to divorce involves specific procedural requirements under Missouri law. The 90-day waiting period mandated by RSMo. 452.360 provides time for potential reconciliation before permanent dissolution.
Property division terms established in the separation agreement often transfer directly to the divorce decree. However, circumstances may have changed during the separation period, requiring modifications to financial arrangements.
Child custody and child support orders typically remain consistent during conversion unless substantial changes in circumstances warrant review. Courts prioritize continuity for children’s stability and well-being.
Spousal maintenance obligations may require adjustment if either party’s financial situation significantly changes. The legal separation process creates a foundation that streamlines the divorce proceedings by establishing precedent for major decisions.
Why Should I Consider a Legal Separation
Religious considerations motivate many couples to pursue separation instead of divorce. Some faiths discourage or prohibit divorce, making legal separation a viable alternative that addresses practical concerns while preserving religious beliefs.
Healthcare benefits preservation represents a significant advantage for many families. Employer-sponsored insurance plans often continue covering legally separated spouses, providing substantial financial protection during transitional periods.
Social Security benefits remain accessible to separated spouses who meet the qualifying criteria. This consideration becomes particularly important for longer marriages where these benefits represent significant retirement income.
Property rights and inheritance benefits continue during legal separation. Spouses retain automatic inheritance rights and can maintain joint ownership of assets acquired during marriage.
The legal separation process offers flexibility for couples uncertain about permanent dissolution. Some marriages recover during separation periods, allowing reconciliation without additional legal proceedings.
Business partnerships between spouses may benefit from separation rather than divorce. Continued legal marriage can preserve certain business structures and tax advantages while addressing personal relationship issues.
Are There Benefits to a Legal Separation?
You might be wondering why a couple would choose to get a legal separation if the process is so similar to a divorce in Missouri. There are numerous reasons, but a few main reasons generally drive the decision.
Some couples choose this route because they will be allowed to keep their spouse on their employer-sponsored health insurance plan. Others have religious reasons. And then there is a group that simply wants avoid divorce and stay married for moral or sentimental reason.
Any of these are fine reasons to separate and hold off on the divorce decree. This is an important decision that will permanently affect your family unit.
What are the Downsides?
The main downside is that Missouri does not allow for just a trial separation or a simple separation. A legal separation in MO is a full court case that requires all marital property and debt to be divided and for child custody and child support to be determined. Many litigants feel that if they are going to go through all of that they might as well just get divorced.
The Details of the Process
If you do file the case with the Court, you would litigate just like any other family law case. The case is filed with your local circuit court, assigned to one of the local family court Judges and a summons is prepared. The family law attorneys file necessary motions and pleadings, conduct discovery and negotiate temporary details.
The case would then resolve by the parties reaching settlement or the case proceeding to trial. Ideally, you will be able to reach terms on a separation agreement and enter a judgment of legal separation.
Still Have Questions…
The nuances of the different kinds of cases can be confusing. Our law firm handles legal separations in Missouri in St. Louis and the surrounding areas. If you reach out to us, we are happy to answer questions and talk through your concerns.